Jussie Smollett’s conviction was overturned Thursday.
November 21, 2024, published at 1:27 PM ET
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The actor was convicted of five felonies for staging a hate crime in 2019, alleging he was attacked by masked Trump supporters.
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The state Supreme Court ruled that a special prosecutor was improperly allowed to intervene after the Cook County state’s attorney dismissed charges against Smollett — in exchange for forfeiting his $10,000 bond and completing community service.
The ruling and appeal did not take into account Smollett’s continued claim of innocence.
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Smollett’s attorney said the actor’s prosecution was “not based on facts,” but rather a “vindictive prosecution.”
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The justices wrote in their opinion: “We are aware that this case has generated significant public interest and that many people were dissatisfied with the resolution of the original case and believed it was unjust.
The court papers continued: “Nevertheless, what would be more unjust than the resolution of any criminal case would be a finding by this court that the state was not obligated to honor agreements upon which people have harmfully relied.”
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Smollett’s attorney, Nenye Uche, wrote in an added statement: “This was not a prosecution based on facts, rather it was a vindictive prosecution and such a proceeding has no place in our criminal justice system. Ultimately, we are happy that Law’s reign was the big winner today.”
Special Prosecutor Dan Webb disagreed with the court’s ruling, emphasizing that it “has no bearing on Mr. Smollett’s innocence.”
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He said: “The Illinois Supreme Court found no error in the overwhelming evidence presented at trial that Mr. Smollett orchestrated a false hate crime and reported it to Chicago police as a real hate crime, or in the unanimous the jury’s verdict that Mr. Smollett was guilty of five counts of disorderly conduct.”
The Empire actor, 42, was convicted in December 2021 of five felonies for committing a hate crime two years earlier, claiming he was attacked by masked Trump supporters.
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The ‘Empire’ actor accused two masked Trump supporters of attacking him in 2019.
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Smollett, who is black and gay, accused two men of attacking him, shouting racist and homophobic slurs and putting a noose around his neck.
The alleged attack sparked a major investigation by Chicago police and caused widespread outrage. However, authorities have found no evidence to support Smollett’s story.
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Starring Rich – which was filmed in Chicago – prosecutors argued that the actor staged the attack due to frustration with the studio’s response to hate mail he had received.
Testimony at the trial revealed that Smollett paid $3,500 to two men he knew from the FOX series to stage the attack, ordering them to shout profanities and claim they were in “MAGA land.”
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Smollett was sentenced to 150 days in jail and ordered to pay $130,000 in restitution.
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Webb also pointed out that the city of Chicago could still file a civil lawsuit to recover the money spent on the investigation.
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